Employment law is a highly dynamic field of expertise, with new legislation on the subject of, among others, dismissal and flexible employment relations. We focus on employment law in the broadest sense, including individual and collective dismissals (reorganization), adjusting employment conditions and non-competition disputes. We also have extensive vast experience in the field of flexible employment relationships and consultancy/freelance agreements. Our clients are both national and international organizations, (managing) directors and employees, in a variety of sectors of the economy.
Inadequate performance by the employee may, under circumstances, be grounds for termination of the employment agreement. For a request for dissolution to succeed, a number of conditions must be met.
Currently, the Act on Deregulation of Assessment of working relations (in Dutch: Wet DBA) is in place to (help) clarify the working relationship between principals and contractors. Unfortunately, in practice, the Act has not brought the clarity that was intended beforehand.
As of 1 August 2022, the legislative proposal to implement the Directive on transparent and predictable employment conditions in the European Union will be in force. This has led, among other things, to the introduction of a new Section 7:653-a of the Dutch Civil Code.
It used to be quite common – especially in the case of the more expensive courses – for employers to agree with employees that upon termination of the employment contract, the employee would refund (part of) the study costs. As of 1 August 2022, the Transparent and Predictable Employment Conditions Act (Wet transparant en voorspelbare arbeidsvoorwaarden) will severely limit the possibility to recover such costs from the employee.
The possible unlawfulness of evidence is, in principle, secondary to establishing the truth in employment law. The admissibility of evidence was yet again recently raised in another case before the subdistrict court of Haarlem [PA2] (albeit briefly). In the case in question, the employee clocked in with his personal pass after entering work, then logged in on his computer and regularly left work again via an emergency exit (without a pass reader).